UK Immigration Law
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DWP refused on the ground that I have no "right to reside" and therefore I am also not habituallt resident.
How then as a EEA 16 can I derive the right to reside status? A UK citizen I can assume has this automatically through his citizenship and a EEA 16 qualifies under which conditions which I think is discrimanotory in EU legislation.Am I right ?
DWP stated that I am a not qualified person as defined by regulation 6(1) of the Immigration (EEA) regulation 2006 and therefore does not have the right to reside and is not habitually resident in the UK.
They further said that this decision was made in accordance with Regulation 2(1),(2) & (3) of the State pension Credit regulations 2002.
Please explain this in simple language so that I know for better or worse what are they implying.
This is mind boggling to say the least.
Point taken as having the right to reside in the UK via my daughter. That however according to the DWP excludes me from the right to claim Pension Credit although I am in the correct age group to do so.
I came to the UK because of strong family ties which I have no more in my home country and to continue with my employment (job seeker as EEA 16 national).
If however I want to claim Pension Credit I would (via the jobseeker route) have to have worked in the UK without interruption for 1 year and been residing in the UK for 3 years.
Theoretically if I fullfilled above conditions set upon me in another EU member country I
could export these rights to the UK and have therefore the rights to Pension Credit!!!!
This I think the EU members agreed upon because once I have taken the right of Pension Credit in the UK, I cannot export these rights to another EU member and would consequently loose my Pension.
Please advise, because this is the only route under EU law I can think off to solve my
Thank you and waiting for your advice,
That's fine.Now that we have come so far there should not be any timeframe on you rather quality and validity to apply to this scenario.. This could become another "test case" Offner versus DWP. So lets be diligent.
Thank you very much for these expertly researched answers.I sent evidence of my daughters employment letter,recent payslips,maternity pay slips and a P 60 payslip for 2011 to DWP.Waiting for their reply.
My daughter came to UK as a worker (bio-chemical scientist) in the late nineties and worked in the UK continously for appr. 1/2 years. She left the UK and came back in 2001.
She worked again in the UK permanently from 2001 to 2006.In 2006 she went on maternity leave(first child) .From 2006 until today she worked on a basis of two to three days a week permanently throughout the year until the birth of her second child in 2011.
She went on maternity leave again and started work on 13.02.2012. On both occasions she got paid maternity leave.
The questions I would like you to ask is as follows:
Can above situation in any way derail my daughters status as a "worker" ?
Can her relationship as a spouse to a UK citizen positively influence above ?
I presume her uninterrupted residence status of more than ten years should also be a positive weight factor ? ( I do not know if my daughter as yet applied for permanent residence).
Thank you again for your help and waiting for your reply,
2006 until today she continued working
Hi there. Have you got an answer for my questions please?
Thank you so much in advance.
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